Partion suit

shyam lal (Querist) 25 June 2023 This query is : Resolved
As per unregistered un demarcated family settlement i have a share 50%.Since the property can not physically be divided .
Query what is the legal opption?
Sale or file partion a suit?
In either case can the other share holder reframe me to sell my share .and even can he legally object to my filing a partion suit.

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If you own an undivided share of a property and it cannot be physically divided, you have legal options. You can either sell your share or file a partition suit to have the property legally divided. The other shareholder cannot legally object to you filing a partition suit; their recourse is to file a written statement in response. Specific acts, like the Punjab Partition of Immovable Properties Act, 2012, may apply to help earmark individual shares.

kavksatyanarayana (Expert) 25 June 2023
I opine as the property is unregistered and un-demarcated it is advisable to file a partition suit.

shyam lal (Querist) 25 June 2023
Expert Kavksatya. My query is can the other share holder object to my filling partion suit?

Advocate Bhartesh goyal (Expert) 25 June 2023
No, other share holder can't legally make objections in filling partition suit, it's right of share holder of property to get partitioned the property by meters and bounds.

T. Kalaiselvan, Advocate (Expert) 26 June 2023
If it is an undivided share , then the share holder can proceed with the sale of his undivided share in the property in favor of the buyer who is ready and willing to buy undivided share, who can get the property divided or partitioned after purchasing either amicably with the other shareholders or thorugh court by filing a suit for partition claiming his share with separate possession

Dr. J C Vashista (Expert) 26 June 2023
Instead of objection to the suit for partition for unregistered un-demarcated family settlement other party (defendant) has to file written statement.
PARTITION ACT, 1873 or THE PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT 2012
(Act IV of 2013) MAY APPLY IN SUCH CASE.

shyam lal (Querist) 26 June 2023
Expert Vashista.thankful for your reply.kindly in a nut shell for a lay man explain what is( Act IV of 2023) may apply?

Isaac Gabriel (Expert) 26 June 2023
The specific area to each member has to be earmarked, for which partition is a must.

Dr. J C Vashista (Expert) 27 June 2023
Act IV of 2013 means that this Act came into force in the year 2013 and 3 Acts have already been notified in the gazette before the Punjab Partition of Immovable Properties Act, 2012.

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